A Cleveland man sentenced to 20 ½ years in prison for his role in a Mentor gun store break-in is appealing his sentence, with appellate court judges expected to hear arguments next month.

James Ogletree, 23, was one four people (two adults and two juveniles) arrested in a July 16 break-in at Silverado Arms.

According to Mentor police, officers arriving on the scene saw a vehicle coming from the back of the 7255 Center St. building. One of the co-defendants, Keith Ford, refused to stop for officers, allegedly driving directly at them.

Two of the officers on scene fired a total of four rounds at the vehicle. Ogletree was struck by the gunfire on the thumb and neck. He fled from the getaway car. Assistant Lake County Prosecutor Lisa A. Neroda said he pulled a disabled woman out of her car, threw her oxygen tank at her and stole her car.

Ogletree was sentenced in December by Lake County Common Pleas Court Judge Eugene A. Lucci a month after pleading guilty to second-degree felony attempted grand theft when the property stolen is a firearm, second-degree felony robbery, third-degree felony failure to comply with a police order, and fourth-degree felony receiving stolen property.

As part of the plea agreement, charges of fifth-degree felony breaking and entering, fourth-degree felony failure to comply with a police order and fourth-degree felony receiving stolen property were dropped.

The 20 ½ year sentence imposed by Lucci was the maximum Ogletree could receive. Ogletree’s attorney, Ruth R. Fischbein-Cohen, argues in the appeal that Lucci did not factor Ogletree’s remorsefulness in his sentence.

“In an analogy to a young tree, which can be bent into legal compliance, he is capable of being molded into a law-abiding person,” Fischbein-Cohen wrote. “Perhaps prison is warranted, but the question is whether the stiff and consecutive sentence is necessary.”

Fischbein-Cohen also wrote that Ogletree is sorry for the bruising that occurred to the victim who was “removed from her car and forced out, while she fell to the ground.”

“Nonetheless, no serious harm was caused to her or any victim,” Fischbein-Cohen wrote.

At Ogletree’s sentencing hearing, the victim asked that he receive the maximum sentence. She said she’s received counseling after the incident.

“I continue to have nightmares,” she said. “I can still feel him throwing me out of my vehicle, screaming at me. I wake up in tears in the middle of the night.”

Fischbein-Cohen argues that Ogletree’s sentence is disproportionate to the crimes.

“A shorter sentence would have more than accomplished the same thing,” she wrote.

“(Ogletree) did not apologize for his conduct at sentencing and, in fact, took little responsibility for his actions,” Sheppert wrote.

Sheppert added the trial court was “well within its discretion when it found no remorse, considering (Ogletree) only expressed concern for himself, without acknowledging the harm he caused others. His youthfulness and lack of education does not negate the seriousness of his crimes.”

Oral arguments will be heard by 11th District Court of Appeals Court Judges on July 16.

Ogletree also has pending cases in Cuyahoga County related to other alleged car thefts and gun store break-ins.

Included in the Cuyahoga County charges are charges stemming from a July 27, 2017, break-in of Sherwin Shooting Sports in Eastlake where 70 guns were stolen. He is also facing aggravated murder charges stemming from an April 8, 2018, shooting in Cleveland.